1. ensure that the Machine is free of any legal obligations or restrictions
that prevent its exchange;
2. obtain authorization from the owner to have IBM or your reseller
service a Machine that you do not own; and
3. where applicable, before service is provided
a. follow the problem determination, problem analysis, and service
request procedures that IBM or your reseller provides,
b. secure all programs, data, and funds contained in a Machine,
c. provide IBM or your reseller with sufficient, free, and safe access
to your facilities to permit them to fulfill their obligations, and
d. inform IBM or your reseller of changes in a Machine's location.
IBM is responsible for loss of, or damage to, your Machine while it is 1) in
IBM's possession or 2) in transit in those cases where IBM is responsible
for the transportation charges.
Neither IBM nor your reseller is responsible for any of your confidential,
proprietary or personal information contained in a Machine which you
return to IBM or your reseller for any reason. You should remove all such
information from the Machine prior to its return.
Production status
Each IBM Machine is manufactured from new parts, or new and used parts.
In some cases, the Machine may not be new and may have been previously
installed. Regardless of the Machine's production status, IBM's appropriate
warranty terms apply.
Limitation of liability
Circumstances may arise where, because of a default on IBM's part or other
liability, you are entitled to recover damages from IBM. In each such
instance, regardless of the basis on which you are entitled to claim damages
from IBM (including fundamental breach, negligence, misrepresentation, or
other contract or tort claim), IBM is liable for no more than
1. damages for bodily injury (including death) and damage to real
property and tangible personal property; and
2. the amount of any other actual direct damages, up to the greater of
U.S. $100,000 (or equivalent in local currency) or the charges (if
recurring, 12 months' charges apply) for the Machine that is the subject
of the claim.
This limit also applies to IBM's suppliers and your reseller. It is the
maximum for which IBM, its suppliers, and your reseller are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY
OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS
AGAINST YOU FOR DAMAGES (OTHER THAN THOSE
UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF,
OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3)
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS OR SAVINGS), EVEN IF
IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED
OF THEIR POSSIBILITY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
IBM Statement of Warranty Worldwide except
Canada, Puerto Rico, Turkey, United States (Part 1
- General Terms)
This Statement of Warranty includes Part 1 - General Terms and Part 2 -
Country-Unique Terms. The terms of Part 2 may replace or modify
those of Part 1. The warranties provided by IBM in this Statement of
Warranty apply only to Machines you purchase for your use, and not for
resale, from IBM or your reseller. The term “Machine” means an IBM
machine, its features, conversions, upgrades, elements, or accessories, or
any combination of them. The term “Machine” does not include any
software programs, whether pre-loaded with the Machine, installed
subsequently or otherwise. Unless IBM specifies otherwise, the following
warranties apply only in the country where you acquire the Machine.
Nothing in this Statement of Warranty affects any statutory rights of
consumers that cannot be waived or limited by contract. If you have any
questions, contact IBM or your reseller.
Machine - USB Sleek Mouse
Warranty Period* - One Year
*Contact your place of purchase for warranty service information. Some
IBM Machines are eligible for on-site warranty service depending on the
country where service is performed.
The IBM warranty for machines
IBM warrants that each Machine 1) is free from defects in materials and
workmanship and 2) conforms to IBM's Official Published Specifications.
The warranty period for a Machine is a specified, fixed period commencing
on its Date of Installation. The date on your sales receipt is the Date of
Installation, unless IBM or your reseller informs you otherwise.
During the warranty period IBM or your reseller, if approved by IBM to
provide warranty service, will provide repair and exchange service for the
Machine, without charge, under the type of service designated for the
Machine and will manage and install engineering changes that apply to the
Machine.
If a Machine does not function as warranted during the warranty period,
and IBM or your reseller are unable to either 1) make it do so or 2) replace
it with one that is at least functionally equivalent, you may return it to your
place of purchase and your money will be refunded. The replacement may
not be new, but will be in good working order.
Extent of warranty
The warranty does not cover the repair or exchange of a Machine resulting
from misuse, accident, modification, unsuitable physical or operating
environment, improper maintenance by you, or failure caused by a product
for which IBM is not responsible. The warranty is voided by removal or
alteration of Machine or parts identification labels.
THESE WARRANTIES ARE YOUR EXCLUSIVE
WARRANTIES AND REPLACE ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THESE
WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF EXPRESS OR IMPLIED WARRANTIES,
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